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THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

DECISION No. 1635/1999/QD-BLDTBXH OF DECEMBER 13, 1999 ISSUING THE REGULATION ON ORIENTED TRAINING AND EDUCATION FOR VIETNAMESE LABORERS WORKING ON TERMS ABROAD

THE MINISTER OF LABOR,

WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree No. 96/CP of December 7, 1993 of the Government on the functions, tasks, power and organization of the apparatus of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 152/1999/ND-CP of September 20, 1999 of the Government providing for Vietnamese laborers and specialists working on terms abroad;

Pursuant to Decree No. 33/1998/ND-CP of May 23, 1998 on the creation of the General Job Training Department under the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the Head of the Organization, Personnel and Training Department, the General Director of the General Job Training Department, and the Head of the Department for Managing Vietnamese Laborers Working Abroad,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on Oriented Training and Education for Vietnamese Laborers Working on Terms Abroad.

Article 2.- This Regulation takes effect 15 days after its signing. Earlier stipulations which are contrary to this Regulation are now annulled.

Article 3.- The Director of the Ministry Office, the head of the Organization, Personnel and Training Department, the general director of the General Job Training Department, the head of the Department for Managing Vietnamese Laborers Working Abroad, the heads of the related agencies and units, the heads of the units providing oriented training and education for Vietnamese laborers working on terms abroad, and the directors of the enterprises which send laborers to work abroad shall have to implement this Decision.

Minister of Labor, War Invalids and Social Affairs
NGUYEN THI HANG

REGULATION ON ORIENTED TRAINING AND EDUCATION FOR VIETNAMESE LABORERS WORKING ON TERMS ABROAD

(Issued together with Decision No. 1635/1999/QD-BLDTBXH of December 13, 1999)

Chapter I

GENERAL PROVISIONS

Article 1.- To provide oriented training and education for Vietnamese laborers working on terms abroad is aimed at taking the initiative in fostering a source of high-quality manpower with high reliability of the Vietnamese labor force on the international labor market.

Article 2.- Eligible for oriented training and education are all laborers (including laborers being students of refresher courses) and specialists who are selected to work on terms abroad.

Article 3.- Oriented training and education for Vietnamese laborers working on terms abroad shall be performed at the Job Training and Training Schools and Centers (hereafter called Training Establishments for short) under the ministries branches and localities, which have legal operating permits.

Article 4.- The program of oriented training and education for laborers shall comprise:

1. Teaching foreign languages to meet the requirements of the countries receiving laborers (according to the contracts).

2. Oriented education on necessary related knowledge:

- The Labor Law, the Criminal Law, the Civil Law, the Law on Emigration and Immigration and Residence of Vietnam and the law of the countries receiving laborers, the obligation of observing and abiding by law;

- Customs, habits, working and living conditions, behavioral relations between employer and employees in the labor receiving country and communication experiences;

- The terms of the contract signed between the enterprise and the foreign partner and the terms to be signed with the laborer, the rights and interests, obligations and legal responsibility of the laborer in the fulfillment of the commitments in the contract.

- Responsibility of the enterprise toward the laborer; responsibility of the laborer toward the enterprise; responsibility of the laborer toward the State.

- Industrial labor discipline and style; prescriptions and regulations on labor safety at the enterprise, construction site and agricultural farm, on sea transport means and fishing trawlers.

3. Job training and fostering and promotion of professional skills according to the contracts on supply of laborers for each country.

4. The program of oriented training and education for specialists and technicians, officers and sailors shall be prescribed by the controlling ministry.

Article 5.- The training courses are strictly forbidden to misuse job training, oriented training and education to carry out misguiding propaganda and publicity to deceive laborers.

Chapter II

OBLIGATIONS, RIGHTS AND INTERESTS OF THE LABORERS ASSIGNED TO TAKE PART IN ORIENTED TRAINING AND EDUCATION

Article 6.- Obligations:

1. To accept the arrangement and organization of training of the enterprise allowed to send laborers to work abroad.

2. To seriously carry out the rules of the oriented training and education establishment which is allowed to send laborers to work on terms abroad.

3. To directly contribute the job training tuition (if any), or the charge on oriented training and education, to the enterprise as currently prescribed by the State.

Article 7.- Rights and interests:

1. To receive full education in the contents of the oriented training and education stipulated in Article 4 of this Regulation.

2. To be issued with a certificate if he/she achieves the desired result during the examinations at the end of the job training, oriented training and education course before going to work abroad.

Chapter III

RESPONSIBILITIES AND RELATIONS AMONG THE ORGANIZATIONS IN THE PROCESS OF ORIENTED TRAINING AND EDUCATION FOR VIETNAMESE LABORERS TO BE SENT TO WORK

ON TERMS ABROAD

Article 8.- Responsibility of the enterprise:

1. To make a formal document stating clearly the contents, number of laborers, time, aim and requirements of the training and to send it to one of the training establishments stated in Article 3 of this Regulation.

2. To directly receive and account for the oriented training and education tuition (if any).

3. To directly sign the contract with the training establishment.

4. To clear the contract at the end of the oriented training and education course.

Article 9.- Responsibility of the oriented training and education establishment:

1. To directly sign the training contract with the enterprise allowed to send Vietnamese laborers to work abroad.

2. To organize the training according to the program of oriented training and education as currently prescribed and according to the contract signed with the enterprise.

3. To issue the job certificate, the oriented training and education certificate to the trainees having completed the course as currently prescribed.

4. The training establishment must not collect from the laborer any charge other than those prescribed for oriented training and education.

Article 10.- Responsibility of the Department for Managing Laborers Working Abroad:

1. To publicize the contents of the program of oriented training and education.

2. To inspect the organization of the implementation of the regulations on oriented training and education.

3. To coordinate with the General Job Training Department in order to uniformly direct the units to elaborate their plans and contents of training Vietnamese laborers to be sent to work on terms abroad.

Article 11.- Responsibility of the General Job Training Department:

1. To publicize the contents of the program of training and raising the professional skills of the laborers sent to work abroad according to its competence.

2. To coordinate with the Department for Managing Laborers Working Abroad in guiding the organization of training, and inspect the oriented training and education courses for the laborers at the training establishments.

3. To prescribe and guide the spendings of the oriented training and education tuition for the laborers including: payment to the teachers, cost of training organization (places for dining, rest, meeting hall, classrooms for the trainees, cost of inspection and quality assessment) and cost related to the elaboration of the curriculum, teaching materials and the preparation of lessons by the teachers.

Article 12.- The ministries, branches and localities and oriented training and education establishments which send Vietnamese laborers to work on terms abroad shall have to direct, manage, inspect and supervise the implementation of the program and contents of training and to conduct a control test at the end of the training course.

Article 13.- The Department for Managing Laborers Working Abroad shall have to coordinate with the General Job Training Department in directing, monitoring and inspecting the implementation of this Regulation.

Article 14.- The oriented training and education establishments shall have to seriously carry out this Regulation together with the oriented training and education contract signed with the enterprise. Any violation shall, depending on its seriousness, be dealt with according to prescriptions of law.

Minister of Labor, War Invalids and Social Affairs
NGUYEN THI HANG